The Commercial Documents Evidence Act, 1939

THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939

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THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 ___________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Statements of relevant facts in scheduled documents to be themselves relevant facts. Presumption as to genuineness of documents.

THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939

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Section 1 — Short title and extent

Section 2 — Statements of relevant facts in scheduled documents to be themselves relevant facts

Section 3 — Presumption as to genuineness of documents

THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 1 ACTNO. 30OF 1939 [26th September, 1939.] An Act to amend the Law of Evidence with respect to certain commercial documents. WHEREAS it is expedient to amend the Law of Evidence with respect to certain commercial documents; It is hereby enacted as follows:–– 1. Short title and extent.––(1) This Act may be called the Commercial Documents Evidence Act, 1939. STATE AMENDMENTS Karnataka Amendment of Central Act XXX of 1939.––In sub-section (2) of section 1 of the Commercial Documents Evidence Act, 1939 (Central Act XXX of 1939), after the words and letter “in Part B States” the words, brackets, figures and letters “other than the territories specified in clause (a) and clause (c) of sub-section (1) of section 7 of the [States Re-organisation Act, 1956 (Central Act XXXVII of 1956)”] shall be added. [Vide Karnataka Act 33 of 1978, s. Statements of relevant facts in scheduled documents to be themselves relevant facts. ––Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), statements of facts in issue or of relevant fact made in any document included in the Schedule as to matters usually stated in such document shall be themselves relevant facts within the meaning of that Act.

that any document purporting to be a document included in Part I or Part II of the Schedule, as

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Section 4 — Definition

that any document purporting to be a document included in Part I or Part II of the Schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate. Definition.—In the Schedule the expression “recognised Chamber of Commerce” means a Chamber of Commerce recognised by the Government of its country as being competent to issue certificates of origin, and includes any other association similarly recognised.

THE SCHEDULE

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THE SCHEDULE (See sections 2 and 3) PART I Documents in relation to which the Court “SHALL presume”. Certificate of delivery of goods to the Manchester Ship Canal Company. Official log book, supplementary official log book and official wireless log kept by a British ship. Certificate of Registry, Safety Certificate, Safety Radio-Telegraphy Certificate, Exemption 1 Certificate, Certificate of Survey, Declaration of Survey, International Load Line Certificate, [Indian Load Line Certificate], Report of Survey of a ship provisionally detained as unsafe, Report of Survey to be served upon the master of a ship declared unsafe upon survey, Docking Certificate, Memorandum issued under Article 56 of the International Convention for the Safety of Life at Sea, 1929. Certificates A and B issued under the Indian Merchant Shipping Act, 1923. The following documents relating to marine insurance, namely, insurance policy, receipt for premium, certificate of insurance and insurance cover note.

1. Survey report issued by a competent authority —

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Receipt for payment of customs duty issued by a customs authority. Schedule issued by a port, dock, harbor, wharfage or warehouse authority, or by a Railway company, showing fees, dues, freights or other charges for the storage, transport of other services in connection with goods. Survey report issued by a competent authority — (i) in respect of cargo loaded; or (ii) certifying the quantity of coal loaded; or (iii) in respect of the security of hatches. Dock certificate, dock chalan, dock receipt or warrant, port warehouse certificate or warrant, issued by, or under the authority of, a port, dock, harbour or wharfage authority. Certificate issued by a port, dock, harbour, wharfage or other authority having control of acceptance of goods for shipping, transport or delivery, relating to the date or time of shipment of goods, arrival of goods for acceptance, arrival of vessels or acceptance or delivery of goods, or to the allocation of berthing accommodation to vessels. Export application issued by a port authority showing dues paid, weight and measurement and the shutting out of a consignment.

8. Certificate of safety for flight signed by a licensed Ground Engineer.

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Certificate of safety for flight signed by a licensed Ground Engineer. Aircraft log book, journey log book and log book, maintained by the owner or operator in respect of aircraft. Passenger list or manifest of goods carried in public transport aircraft. Customs or excise pass and customs or excise permit or certificate, issued by a customs or excise authority. Force majeure certificate issued by a recognised Chamber of Commerce. Certificate or survey award issued by a recognised Chamber of Commerce relating to the Quality, size, weight or valuation of any goods, count of yarn or percentage of moisture in yarn and other goods.